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To: Svartalfiar

Look, Obamacare was a monstrosity. I hated it, you hated it, we all hated it. But in its bulky, repulsive 2,000 pages only the mandate and the Medicare penalties were unconstitutional. Some of you are still so angry you are blinded to this fact. But I won’t waste any more electrons trying to get you to see beyond your rage.


92 posted on 06/21/2019 7:49:21 AM PDT by tom h
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To: tom h
Look, Obamacare was a monstrosity. I hated it, you hated it, we all hated it. But in its bulky, repulsive 2,000 pages only the mandate and the Medicare penalties were unconstitutional. Some of you are still so angry you are blinded to this fact. But I won’t waste any more electrons trying to get you to see beyond your rage.

In what ways was this Constitutional AT ALL? Sure, the mandate / 'tax' penalties are not, but what about the other stuff?

Minimum essential coverage? Basically the same as the mandate.
Cost assistance? What part of the Constitution allows FedGov to spend money on this?
Marketplaces? What part of the Constitution empowers FedGov to set up a marketplace for health insurance?
Require restaurants post calorie counts? How on earth is that possibly a detail FedGov is allowed to force on retailers?
Requires covering dependents up to 26? That should be a company decision, not a requirement. They aren't dependents after 18!
Guaranteed availability/renewability? Not just no Constitutional power to force commerce, but how do you expect a company to make money and survive if it can't prevent costs that go crazy high?
Risk adjustment? Just like welfare - takes money from those that do well (low-risk enrollees) and gives it to those that don't (high-risk enrollees)...
Refundable tax credits? These shouldn't be allowed anywhere.
BANNING HOSPITAL OWNERSHIP? Why can't a doctor own a hospital? He should be one of the most knowledgeable about hospital operations, but what part of the Constitution allows Congress to ban physicians from owning hospitals, but not anyone else?
Random fees on pharmaceutical companies, medical device manufacturers, health insurers? How is that in any way NOT a bill of attainder?

We could go on section by section, but you get the idea. The only things I can think of off the top of my head that would be Constitutional would be that it included the ban on federal funding of abortion, and banned funds going to assist illegal aliens.
93 posted on 06/26/2019 9:25:20 AM PDT by Svartalfiar
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